News & Analysis as of

Dominos Employer Liability Issues

Epstein Becker & Green

Ninth Circuit Rules Domino’s Truck Drivers Exempt from FAA

On July 21, 2023, a unanimous three-judge panel once again affirmed a California federal court’s ruling that the truck drivers who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s...more

Ervin Cohen & Jessup LLP

Ninth Circuit Broadly Interprets Exemption under Federal Arbitration Act for Transportation Workers

On July 21, 2023, the United States Court of Appeals for the Ninth Circuit affirmed a district court order denying Domino Pizza’s motion to compel arbitration in a putative class action brought by plaintiff Dominos truck...more

Carlton Fields

Sixth Circuit Affirms Ruling That Arbitrator Is to Determine Arbitrability of Employment Dispute Between Franchise Employees and...

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The plaintiffs filed a class action against Domino’s, alleging that the company’s franchise agreement violated federal antitrust law as well as state law. ...more

Littler

Worker Misclassification Questions Dominate California Legal Landscape

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In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

FordHarrison

Judge Refuses To Dismiss Domino’s Collective Action Without Seeing Settlement Agreement

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On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the...more

Snell & Wilmer

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

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Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

Dentons

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

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Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Baker Donelson

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

Baker Donelson on

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

Nexsen Pruet, PLLC

Brand Standards Are for Everyone

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Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be....more

Lewitt Hackman

California Supreme Court Overturns 2012 Domino's Decision

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On August 28, 2014, the California Supreme Court reversed a 2012 Court of Appeal decision in Patterson v. Domino's Pizza, LLC. The lower court held that franchise operating systems, like Domino's, deprive franchisees of the...more

Nossaman LLP

Did You Know…California Supreme Court Rules – No Franchisor Vicarious Liability

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The California Supreme Court recently held in Patterson v. Domino’s Pizza, LLC, No. S204543 (Cal. Aug. 28, 2014) that a franchisor could not be held vicariously liable under the California Fair Employment and Housing Act...more

Proskauer Rose LLP

California Employment Law Notes

Proskauer Rose LLP on

Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee - Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) - Taylor Patterson was hired by Sui Juris (a franchisee...more

Stoel Rives LLP

California Supreme Court Clarifies When a Franchisee's Employees Can Bring Employment Claims Against the Franchisor in Taylor...

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In Taylor Patterson v. Domino’s Pizza, LLC, the California Supreme Court restricted the ability of a franchisee’s employees to sue the franchisor based on theories of vicarious liability and the theory that the franchisor was...more

Perkins Coie

Patterson v. Domino’s Pizza, LLC: Franchisors Are Not Vicariously Liable as “Employers” or “Principals” for Their Franchisees’...

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In a significant win for franchisors, the California Supreme Court ruled 4-3 that although Domino’s “imposes comprehensive and meticulous standards for marketing its trademarked brand and operating its franchises in a uniform...more

Littler

Who's in Control Here? California's Supreme Court Establishes New Standards for Potential Franchisor Liability for Employee Tort...

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On August 28, 2014, the Supreme Court of California, in Patterson v. Domino's Pizza, LLC, decided whether a franchisor was entitled to summary judgment on the plaintiff's claims that the franchisor was vicariously liable for...more

Faegre Drinker Biddle & Reath LLP

Landmark Ruling: Franchisor Not Liable Absent Employment Related Control

On August 28, 2014, the California Supreme Court issued a landmark ruling in favor of Domino's Pizza and all business format franchisors that do business in California. In Patterson v. Domino's Pizza, LLC, ---P.3d---, 2014 WL...more

Snell & Wilmer

Patterson v. Domino’s: California Supreme Court Lends Important Guidance on Franchisor Liability

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Taylor Patterson claimed that Domino’s, as the franchisor of thousands of pizza stores across the nation, should be held responsible for sexual harassment she experienced from a fellow employee over a two-week period when she...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions

Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not...more

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